Freedom to Choose: the history of abortion laws in Ireland

Ireland has voted by a landslide to legalise abortion in its sixth referendum on the issue

May 28, 2018 05:28 pm | Updated 05:46 pm IST

A woman holds stickers as Ireland holds a referendum on liberalising abortion laws, in Dublin, Ireland on May 25, 2018.

A woman holds stickers as Ireland holds a referendum on liberalising abortion laws, in Dublin, Ireland on May 25, 2018.

The Republic of Ireland has voted by a landslide to legalise abortion in its sixth referendum on the issue. Ireland’s eighth amendment, which its voters have rejected, hitherto gave equal rights to the foetus and the woman carrying it.

Here’s a look at the history of many changes in abortion laws in the country.

1861: Abortion is banned in Ireland by the Offences Against the Person Act.

1983: Eighth Amendment is introduced after a referendum.

1992: A 14-year-old rape victim is prevented by the courts from travelling to England to terminate her pregnancy, in what came to be known in Ireland as the ‘X Case’.

- The ruling is later overturned by the Supreme Court, which says a credible threat to suicide can be ground for abortion.

- The government proposes three amendments. Two of them - enabling travel to other countries for abortion and freedom to learn about services in other nations - are passed.

2010 : The European Court of Human Rights, acting on a case brought by three women, says that Ireland has not provided clarity on the availability of abortion when the mother’s life is at risk.

2012: The Savita Halappanavar case

Indian dentist Savita Halappanavar dies after being refused abortion during a miscarriage.

- Her husband Praveen says she repeatedly asked for a termination but was refused because there was a foetal heartbeat.

2013: Law introduced allowing abortion when woman’s life is at risk but it also introduces a penalty of 14 year imprisonment on illegal abortion.

2018: Two-thirds of voters say ‘Yes’ to a repeal of Eighth Amendment.

What happens next?

- The government plans to bring in a law providing for abortion up to the 12th week of pregnancy, Prime Minister Leo Varadkar has said he wants it to be introduced by the end of the year.

- Between the 12th and 24th week of pregnancy, abortion will be available in cases of foetal abnormality, a risk to woman’s life or a risk of serious harm to the mother’s heath.

- After the 24th week, abortion will be possible in case of fatal foetal abnormality. Medical practitioners can object on the grounds of conscientiousness but will be obliged to transfer the case to another doctor.

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